[CC 1999 §23-61]
Unless specifically defined below, words or phrases in this
Chapter shall be interpreted so as to give them the meaning they have
in common usage and to give this Chapter its most reasonable application:
CITY
The City of Chillicothe, Missouri.
CITY ENGINEER
The appointed City Engineer of public works or a delegated
representative.
COUNCIL
The City Council of the City of Chillicothe, Missouri.
DESIGN YEAR STORM
The selected or established frequency or return period of
rainfall time-duration for which drainage facilities are to be designed.
DETENTION BASIN
Any manmade area which serves as a means of controlling and
storing storm water runoff.
DEVELOPER
A person directing or participating in the direction of improvements
on and/or to land including, but not limited to, the owner of the
land, a general contractor or a commercial agent engaged for such
activity.
DEVELOPMENT
Any change of land use or improvement on any parcel of land.
DRAINAGE BASIN (WATERSHEDS)
The catchment area from which storm water is carried off
by a watercourse or storm drainage system. The area served by a drainage
system receiving storm and other surface-borne water. The boundaries
of a drainage basin are a product of natural topography and drainage
system configuration.
DRAINAGE FACILITY
A manmade structure or natural watercourse for the conveyance
of storm water runoff. Examples are channels, pipes, ditches, swales,
catch basins and street gutters.
DWELLING UNIT
One (1) or more rooms in a dwelling occupied or intended
to be occupied as separate living quarters by a single family as defined
herein.
FAMILY
One (1) or more persons related by blood, marriage, adoption
or occupying a dwelling unit as an individual housekeeping organization.
A family may not include more than two (2) persons not related by
blood, marriage, adoption or occupying a dwelling unit as an individual
housekeeping organization.
IMPERVIOUS SURFACE
Surfaces on real property where infiltration of storm water
into the earth has been virtually eliminated by the works of man.
IMPROVED LAND
Land having improvements that are impervious to, or alter
the flow of, storm water within the limits of a platted, or otherwise
distinguished, parcel of land.
IMPROVEMENT
A structure on or other alteration of land.
OWNER
Any person, firm, association, syndicate, partnership, corporation,
trust or any other entity having legal title to or a sufficient proprietary
interest to legally transfer real property. Proprietary interest shall
include, but not be limited to, estate administration, trusteeship,
guardianship and actions under a valid power of attorney. Proprietary
interest shall not include an agency or a bare employment relation.
PERSON
A natural person, corporation, partnership or other entity.
STORM DRAIN
An improved storm drain is a closed conduit or paved open
ditch for conducting collected storm water. An unimproved storm drain
is an open ditch, natural or specifically constructed, for conveying
collected storm water.
STORM DRAINAGE DESIGN MANUAL
A City manual for use by land developers in the design of
storm drainage systems such as storm drains, culverts, streets, gutter
flow hydraulics, natural drainage swales and storm inlets. The Storm
Drainage Design Manual may include drainage policy to be followed,
standard design methods, computation forms and City standards.
STORM WATER DRAINAGE SYSTEM
All drainage facilities used for collecting and conducting
storm water to, through and from drainage areas to the points of final
outlets including, but not limited to, any and all of the following:
1.
Conduits and appurtenant features;
STORM WATER MANAGEMENT PLAN
A City Master Plan describing the development of, and facilities
required for, the storm water drainage system and additional improvements
and actions necessary to the management of storm water drainage, entitled
"City of Chillicothe, Missouri Storm Water Management Plan", as approved
by the Council and from time to time amended.
SWALE
A relatively wide, shallow ditch around or between structures
used to carry storm water runoff.
WATERCOURSE
A stream, usually flowing in a particular direction (though
it need not flow continuously in a definite channel), having a bed
or banks and usually discharging into some other stream or body of
water.
[Ord. No. 99-09 §1, 2-8-1999]
The following proposed fees for storm water drainage and grading
projects be set as follows:
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Grading permits
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$25.00
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Storm water drainage permit
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$50.00
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[CC 1999 §23-64]
The City Engineer or his/her designated representative may periodically
inspect the development site. Through such periodic inspections the
City Engineer will review whether the drainage plan is properly implemented
and that the improvements are maintained by the developer or owner
until such time, if any, maintenance is taken over by the City.
[CC 1999 §23-65]
Whenever improvements to land are made, easements for the storm
water drainage system shall be provided across private property. Easements
through existing developments may be obtained as deemed necessary
by the City Engineer. Drainage easements shall include access from
a convenient public street. Maintenance of storm water sewers, lined
drainage channels and related facilities located within public drainage
easements shall be the responsibility of the owner of the project,
unless the City, by ordinance, specifically agrees to undertake the
maintenance. The City may undertake all maintenance activities, deemed
necessary by the City Engineer, of natural watercourses and other
unlined drainage channels located within public drainage easements;
however, assumption of such maintenance activities does not relieve
the property owner of the responsibility for normal maintenance including
debris removal, cutting of vegetation, repair of erosion and removal
of silt. Maintenance of storm water facilities located on private
property and not within any public drainage easements shall be the
responsibility of the property owners and shall include debris removal
and cleaning, cutting of vegetation, repair of erosion, removal of
silt and maintenance of structural facilities.
[CC 1999 §23-71]
No person shall damage or discharge or place any substance into
the drainage system which will or may cause obstruction to flow or
other interference with the operation of the storm water drainage
system. Any person violating this Section for damaging the storm water
drainage system shall be liable to the City for all expense, loss
or damage incurred by the City due to such violation or damage, in
addition to any other penalties set forth herein.
[CC 1999 §23-72]
If it is determined that development is not proceeding in accordance
with the approved drainage plan, the City Engineer shall issue a written
stop work order to the developer detailing the nature and location
of the non-compliance and specifying what remedial work is necessary
to bring the project into compliance. The developer shall immediately
stop work on all aspects of the development except the required remedial
action, which shall begin. The developer shall complete the remedial
work within a reasonable time after receipt of said order. Upon satisfactory
completion of the remedial work, the City Engineer shall issue a notice
of compliance and the development may proceed.
[CC 1999 §23-74]
The provisions of this Chapter shall be administered and enforced
by the City Engineer. The City Engineer shall prescribe forms for
attainment of the purposes of this Chapter and for the proper enforcement
thereof. The City Engineer may delegate the administration of this
Chapter or any part thereof, subject to limitations of the ordinances
of the City, to duly qualified employees, deputies or agents of the
City.
[CC 1999 §23-75]
Floods from storm water runoff may occur which exceed the capacity
of storm water drainage facilities constructed and maintained under
this Chapter. This Chapter does not guarantee that property will always
be free from storm water flooding or flood damage. This Chapter shall
not create a liability on the part of, or cause of action against,
the City or any officer or employee thereof for any flood damage.
Neither does this Chapter purport to reduce the need or the necessity
for obtaining flood insurance.
[CC 1999 §23-76; Ord. No. 98-150, 11-9-1998]
A. Conditions. Regulation of storm water drainage and the attachment
of reasonable conditions thereto is an exercise of the valid Police
power delegated by the State of Missouri to the City. Property owners
have the duty of compliance with reasonable policies, regulations,
standards and conditions established by the City for design, construction,
improvement and restrictive use of the land so as to conform to the
physical and economical development of the City and to promote the
health, safety and general welfare of the community at large.
B. Interpretation. The provisions of this Chapter shall be
the minimum requirements for the protection of the public health,
safety and general welfare.
C. Conflict. Conflict with public and private provisions:
1. Public provisions. Where any provision of this Chapter imposes
restrictions different from those imposed by any other law or regulation,
whichever is more restrictive or imposes a higher standard shall control.
2. Private provisions. This Chapter is not intended to abrogate
any easement, covenant or any other private agreement or restriction;
provided that where the provisions of this Chapter are more restrictive
or impose higher standards or regulations than such easement, covenant
or other private agreement or restriction, the requirements of this
Chapter shall govern.